In particular, this session will explore: Estate litigation comprises many different causes of action. %���� Except to the extent that a method of valuation is at the relevant time required under a law of [insert name of jurisdiction] or any other place, or is provided for in the will, an express or implied requirement in a will that a valuation of property be made or accepted for any purpose is to be construed as if it were a reference to a valuation of the property as at the date of the testator's death made by a competent valuer. This session will focus on the issues you should be considering at the outset to decide which proceedings are appropriate in the circumstances. Three judges of the High Court1 thought not in Singer v Berghouse2 Eleven . This session will look at some of the ways trustees’ powers are being scrutinised, including issues such as: Brave new world: Innovative practices and managing risks. Make the hard decisions (how to divide the war medals and tea spoons), Get off risk using deeds, passing of estate accounts or assistance of the Court, drafting a power to renew vs make a superannuation nomination, when financial decision-making power should commence, clauses for business succession, including family trusts and companies, how to get practice management software to work for you, setting and using recurring transactions (for Wills and Estate Administration), digital assets – assisting the executor to turn off the digital accounts; including, Facebook, google, Instagram and Hotmail, quotable and notable cases in succession law, Australian Financial Complaints Authority (AFCA), indemnity - Agent vs Trustee, Attorney vs Administrator, jurisdiction of QCAT to make orders about costs, unreported decisions experienced by practitioners at the frontline, problems and solutions for practitioners and their Attorney clients, compare and contrast the above transactions to challenging those transactions post death. 18 of 1986, Act No. Tickets can be purchased for day-only registrations and guests for $165 member and $180 non-member. Better lawyers, better law: Investing in your greatest asset. ����#˔x�G�$&� �n�2��4���& /{.ӊMT�! The reference in will to valuation must be interpreted, to the extent method of val .is not provided for as mentioned in subsection (1)(b)(i) or (ii), as if the reference were a reference to a valuation of the property as at the date of the testator's death made by a competent valuer. %PDF-1.2 It is becoming increasingly common for a challenge to be made to the validity of a will, with a family provision application, or an equity claim, or a compensation application under the Powers of Attorney Act 1998 (Qld) or Guardianship and Administration Act 2000 (Qld) either in addition or in the alternative. The major objectives of the amending Bill are to: QLS will use every effort to maintain the integrity of event programming, however QLS reserves the right to amend professional development programs and substitute presenters and/or topics where necessary. No special gym gear required – just wear comfy clothes, bring a mat or towel, and be willing to stretch and enjoy. 332 GRAY — SUCCESSION LAW: REFLECTIONS AND DIRECTIONS II reflectIons A The Foundation of Testamentary Freedom The Wills Act 1837, 7 Wm 4 and 1 Vict, c 26 (‘Wills Act 1837’) is a lynchpin of modern succession law. Except to the extent that a method of valuation is at the relevant time required under a law of Tasmania or any other place, or is provided for in the will, an express or implied requirement in a will that a valuation of property be made or accepted for any purpose is to be construed as if it were a reference to a valuation of the property as at the date of the testator's death made by a competent valuer. This session will work through all of the above, and more, focusing on the basic and procedural aspects of the different types of estate litigation, including: Estate planning for superannuation in the face of incapacity. is not provided for by the law of Qld or another place. Short title This Act may be cited as the Law of Succession Act. Is estate planning really a new form of ‘family planning’? Superannuation death benefits: Getting it right or dealing with the dispute. With consideration to the recent decision in Re Narumon Pty Ltd [2018] QSC 185, this session will navigate superannuation issues effected by incapacity, including: Being the bad guy – dealing with disgruntled, difficult and sometimes unreasonable beneficiaries. http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s45.html, Northern Territory: >> Sponsored by. 19 of 1984, Act No. In particular, this session will discuss: The succession smorgasbord: Questions on notice. Discover how simple daily habits can sharpen your thinking, increase your energy and keep you focused all day long to unlock new levels of productivity and performance. 93/1981, Act No. if you settle a matter, do you need court orders or will a deed of settlement do? Enjoy a three-course dinner, beverage package, and be swept up on the dancefloor by BrizBand. Make your grand entrance in cocktail attire befitting for a secret agent. ; or(ii) the method of val. This session will explore the various options of lifestyle interests available in estate planning; including: Fraud on a Power, Improper Purpose and Discretionary Trusts: some themes. Miscellaneous Provisions of Succession Act, 1981 (Qld)-- Provisions in wills referring to values placed on property. If-(a) there is an express or implied requirement in a will that a valuation be made or accepted for any purpose; and (b) the will does not provide a method of calculating the valuation or the method of calculating the val. Wills gone wild: Drafting difficult clauses. Whether you are an expert at “downward dog” or have never tried yoga before, come along and let our experienced instructor guide you through a variety of poses and movements. << This refresher session will include: Strategies for success in estate litigation. or of another juris-the ref. These provisions deal with the way in which an intestate estate is to be distributed. This practical session will go over a series of difficult will clauses and identify how they could be drafted better. Fraud on a Power, Improper Purpose and Discretionary Trusts: some themes ... the application of s33Z of the Succession Act 1981 (Qld) and; the matter of Saltmer v Rennick. From ELRI Wiki. �ʜ�p�!{����0\!P(j�A(�@�. Queensland: Complimentary for full registrations, indicate your attendance when registering. Unless, and to the extent that, a method of valuation is at the relevant time required under a law in force in respect of a will (whether a law of the Territory or of another place) or is provided for by a will, an express or implied requirement in a will that a valuation of property be made or accepted for any purpose is to be construed as if it were a reference to a valuation of the property:(a) as at the date of the testator's death; and(b) made by a competent valuer. The provision applies if--(a) there is an express or implied req. PART I – PRELIMINARY 1. With a gallery of presenters from the judiciary, the Bar and private practice, this year’s program is not to be missed! Group discount not available on single-day registrations options for multi-day events. Deal with the “information dump” from the beneficiaries – do you really need to read their diary from 15 years ago? Mr Dawson was six months older than Mrs Dawson. 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